Judgement

Appeal from a judgment and decree of the High Court (March 11, 1911) affirming a judgment of the additional Judge of Meerut. The appellant and other plaintiffs in 1907 instituted a suit for redemption of a village on payment of Rs. 5500. They contended that an absolute deed of sale of the village for Rs. 5500 executed by their predecessors in title on August 29, 1852, and an agreement executed on September 5, 1852, by the purchasers (predecessors in title of the defendants) for a resale to the vendors together constituted a usufructuary mortgage. The agreement, after reciting the sale, provided as follows " As we, the executants, are now willing to help and treat with kindness the vendors, we, the executants, with our own free will, do hereby covenant and give it in writing, that if the aforesaid vendors, after the lapse of nine to ten years, from the date of the execution of the aforesaid sale-deed, do pay to us the purchase-money as entered in the sale-deed, i.e., the sum of Rs. 5500, out of their own pocket without mortgaging or selling their property to other persons, we shall

forthwith execute a fresh sale-deed, on receipt of the sale consideration entered in this do